Horsham Rural City Council Council Meeting Order of Business · 8/21/2017 · Committee coming up (with Mr John Martin). • Acknowledged work of Wimmera Information Network, sorry

Horsham Rural City Council Council Meeting Order of Business

MINUTES of the Ordinary Meeting of the Horsham Rural City Council held in the Municipal Chambers, Civic Centre, Roberts Avenue Horsham on 21 August, 2017 at 5.30pm. PRESENT: Cr Pam Clarke, Mayor; Cr Alethea Sedgman, Cr Josh Koenig, Cr

Les Power, Cr John Robinson, Cr David Grimble, Cr Mark Radford

ALSO IN ATTENDANCE: Peter Brown, Chief Executive; Graeme Harrison, Director

Corporate Services; Kevin O’Brien, Director Community Services; Angela Murphy, Director Planning and Economic; John Martin, Director Technical Services; Kathy Newton, Executive Assistant.

1. Reading of prayer and the acknowledgement of country statement The Prayer and Acknowledge of Country Statement were read by the Chairman, Cr P Clarke. 2. Welcome to distinguished guests or persons in the public gallery Chairman, Cr Clarke welcomed those in attendance to the Council Meeting. Cheryl Linke Kath Dumesny Sarah Scully, Weekly Advertiser Erin Witmitz, WMT Daina Oliver, WMT

Nola Brown Wendy Brown Sue Frankham Mandy Kirsopp Jessica Grimble Sue Alt

Glen Ryan Alan Williams Michelle Rethus Tom Blair Russell McKenzie

3. Apologies and request for Leave of Absence NIL 4. Confirmation of minutes and signing thereof Moved Cr Radford, Seconded Cr Koenig that the Minutes emanating from the Ordinary Meeting of the Horsham Rural City Council held in the Municipal Chambers, Civic Centre, Horsham at 5.30pm on 7 August, 2017 be adopted.

CARRIED

Meeting Date: 21 August 2017 Page 1


5. Disclosure of Conflict of Interest Sec 79, Local Government Act, 1989 (As Amended)

NIL



1. READING OF PRAYER AND THE ACKNOWLEDGEMENT OF COUNTRY STATEMENT

2. WELCOME TO DISTINGUISHED GUESTS OR PERSONS IN THE PUBLIC GALLERY

3. APOLOGIES AND REQUEST FOR LEAVE OF ABSENCE

4. CONFIRMATION OF MINUTES AND SIGNING THEREOF MINUTES OF AN ORDINARY MEETING OF THE HORSHAM RURAL CITY COUNCIL HELD IN THE

MUNICIPAL CHAMBERS, CIVIC CENTRE, HORSHAM AT 5.30PM ON 7 August 2017

5. DISCLOSURE OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST

A Councillor who has a conflict of interest and is attending the Council meeting must make a full disclosure of that interest. (a) by either –

(i) advising the Council at the meeting of the details required under paragraphs (b) and (c) immediately before the matter is considered at the meeting; or

(ii) advising the Chief Executive Officer in writing of the details required under paragraphs (b) and (c) before the meeting; and

(b) classifying the type of interest that has given rise to the conflict as either – (i) a direct interest under 77B; or

(ii) an indirect interest and specifying the particular kind of indirect interest under:

Section 78 – close association Section 78A – financial interest Section 78B – conflicting duties Section 78C – receipt of an applicable gift Section 78D – consequence of becoming an interested party Section 78E – impact on residential amenity; and (c) describing the nature of the interest; and Meeting Date: 21 August 2017 Page 3


(d) if the Councillor advised the Chief Executive Officer of the details under paragraph (a)(ii), the Councillor must make a disclosure of the class of interest only to the meeting immediately before the matter is considered at the meeting.

Members of Staff Under Section 80C of the Local Government Act 1989, officers or people engaged under contract to the Council providing a report or advice to Council must disclose any conflicts of interests in the matter, including the type of interest.


Horsham Rural City Council Council Meeting Public Question Time

6. PUBLIC QUESTION TIME NIL


Horsham Rural City Council Council Meeting Other Business

7. OTHER BUSINESS

7.1 RESUMPTION OF DEBATE ON THE MOTIONS FROM PREVIOUS MEETING NIL

7.2 RECEPTION AND READING OF PETITIONS, MEMORIALS, JOINT LETTERS AND

DEPUTATIONS NIL

7.3 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN NIL

7.4 COUNCILLORS QUESTIONS WITH NOTICE NIL

7.5 ORDERS OF THE DAY NIL


Horsham Rural City Council Council Meeting Other Reports

8. OTHER REPORTS

8.1 ASSEMBLY OF COUNCILLORS – RECORD OF MEETINGS Council Briefing Meeting held on Monday 14 August, 2017 at 5.00pm in the Middle Meeting Room.

Finance and Performing Committee Meeting held on Monday 14 August, 2017 at 5.05pm in the Middle Meeting Room.

Council Briefing Meeting held on Tuesday 15 August, 2017 at 5.33pm in Reception Room.

Refer to Appendix “8.1A”.

8.2 SEALING OF DOCUMENTS NIL

Recommendation

That Council note the Assembly of Councillors’ – Record of Meetings.

Moved Cr Radford, Seconded Cr Sedgman that the recommendation be adopted.

CARRIED

8.3 INWARD CORRESPONDENCE 8.3.1 ANDREW BROAD, MP, FEDERAL MEMBER FOR MALLEE File Ref: F19/A06/000001

RE: Posthumous Promotion of General Sir John Monash

Thank you for your letter advocating for Sir John Monash to be posthumously promoted to the rank of Field Marshal in the Australian Defence Force.

I too support the campaign and last year visited the room where Sir John Monash planned many of the battles on the Western Front.

I will ensure to advocate for the campaign in Parliament in coming months.

Appendix “8.3A” – Council Report, 19 June 2017

RECEIVED


Horsham Rural City Council Council Meeting Other Reports

8.4 COUNCIL COMMITTEE MINUTES 8.4.1 HORSHAM REGIONAL LIVESTOCK EXCHANGE BOARD OF MANAGEMENT

MEETING HELD ON THURSDAY 15 JUNE, 2017 AT 5.00PM AT HORSHAM REGIONAL LIVESTOCK EXCHANGE

RECEIVED

8.4.2 WASTE STRATEGY STEERING COMMITTEE MEETING HELD ON TUESDAY 25 JULY, 2017 AT 5.15PM IN MIDDLE MEETING ROOM

RECEIVED

8.4.3 HORSHAM REGIONAL ART GALLERY COMMITTEE OF MANAGEMENT MEETING HELD ON THURSDAY 3 AUGUST, 2017 AT 5.15PM AT THE ART GALLERY

Moved Cr Radford, Seconded Cr Power that the minutes be received.

CARRIED Refer to Appendix “8.4A” for copy of minutes.


Horsham Rural City Council Council Meeting Councillors’ Reports

9. COUNCILLORS’ REPORTS Cr Grimble

• 10 August – attended annual livestock conference with Mr John Martin, Mr Rob Moir and Mr Paul Christopher, opened by Chief Veterinary Officer (in lieu of Minister for Agriculture). Delighted to see Mr Paul Christopher receive an award. Discussed electronic scanning/tags, several presentations Biomex who convert blood and bone into fertiliser.

• 17 August – attended Livestock Exchange board meeting, appointed Tom Newsome from Outcross, working on masterplan. Noted July was lowest throughput for ten years, a lot of growers going through rebuilding phase.

• 18 August – attended Wimmera Southern Mallee regional transport meeting, asked question regarding bypass and why amendment couldn’t be forwarded to Minister, asked Mr Ewen Nevett, he advised a couple of reasons, some of the planning recommendations have to be worked through, he didn’t highlight all of the recommendations but there are two in Horsham Rural City Council including aerodrome. Need to identify if there’s been a change of ownership of land passes with the alignment. Unlikely can forward to Minister before end of year. Cr Grimble advised we were given correspondence 30 June, so lengthy delay. Have Western Highway Action Committee coming up (with Mr John Martin).

• Acknowledged work of Wimmera Information Network, sorry to see that publication go. Commended Late Don Johns (as chairperson) and Judith Bysouth for doing a great job over the years. There was media coverage Cr Grimble wishes to acknowledge this.

Cr Koenig

• 14 and 15 August – attended Council Briefing – on 14 August members from Kanamaroo Committee attended, good to see their presentation including strategic plan, goes back to three-day event. Entering 37th year, committee is always looking for more volunteers.

• 17 August – attended Wimmera Business Centre committee meeting, currently two vacancies in the centre, if anyone interested they should contact Wimmera Business Centre.

• 17 August – attended opening of Olivers Real Food. • 18 August – tendered apology for Wimmera Regional Library board meeting

and advisory meeting, continually have a clash.



Cr Robinson

• 8 August – attended Wonwondah Landcare Group meeting. Noted the amount of work they have to do where vegetation grows in drains to clear for habitat of rabbits.

• Cr Robinson advised his fortnight has been taken up by people contacting him re comments the Mayor made in media, in particular the business connection clarified article Wimmera Mail-Times 18 August.

Cr Power

• 11 August – attended Grampians Indigenous Family Violence Action Group in Halls Gap, 30 people from Horsham, Dimboola, Ballarat and Halls Gap in attendance. Discussed junior football carnival coming up in September as well as Wimmera River challenge and Murray River marathon. Next meeting will be in Horsham in October.

• 12 August – attended WorkSafe football and netball game in Horsham, guest speakers from Melbourne in attendance, gave Horsham a push for netball. Cr Power said we’re lucky to have two leagues here. The message Cr Power got from Horsham Football Club is that Horsham is the only Wimmera League club with only one netball court, with 19 teams they find it difficult to train during the week. White Ribbon day for Wimmera League, Cr Power commends one of the netballers who presented a video (she filmed footballers talking about violence against women). Cr Power recommended she put it on Youtube and also send it to Council.

• 14 August – attended Council Briefing. • 15 August – Tidy Towns volunteer judge visited, spoke about different

projects over lunch. He’s one of five judges, very impressed with what we have here.

• 16 August – attended YMCA CAG meeting (with Cr Radford as chair) – pool party held on Sunday with 98 children paying to attend and close to 200 people overall. Commendation to volunteers who helped out, Cr Power noted that most of the staff from YMCA donate their time to be part of it.

• 17 August – attended Kalkee Road Children’s Hub Project Control Group, can see the building going up in good fashion, a great resource for Horsham.

• 19 August – attended football at Rupanyup, presented two awards for Spirit of Football (Blue Ribbon Foundation). Cr Power mentioned awards also presented at Nhill and Stawell.

Cr Radford

• No report.



Cr Sedgman

• Attended school principals meeting, good to hear there was discussion about public holiday, next year we’ll see change and hopefully this will benefit community next year.

• 14 and 15 August – attended two Council Briefings. Enjoyed the Kanamaroo festival presentation, three days would be good, trying to bring it back to the river. Great to see if we can have a better use of the pedestrian bridge, link up with athletic abilities.

• 15 August – Interview with Tidy Towns judge, good to hear his views and he said it was a welcoming community.

• 16 August – attended Bicycle Advisory Committee, Grampians Regional Cycling and Trails Masterplan meeting. Discussed how we as a group at Council can safely commute to work; also discussed children, tolerating riders on the road, getting children to understand at an early age. Grampians regional cycling and trails masterplan meeting was interesting, it was about our area and how we can get people come to this side of the Grampians, how we can utilise Mt Arapiles area, incorporate mountain bike tracks, this will provide our children with something to do in Horsham. This fits in with health and wellbeing. Cr Sedgman encouraged Councillors to attend a meeting for Councillors on Thursday. Community members have added to the masterplan, and the facilitator was thrilled with the ideas coming through.

• 17 August – attended opening of Olivers Real Food.

Cr Clarke, Mayor

• 8 August – attended Tourism Advisory Group, received report on motocross including all the events coming up and past events.

• 8 August – met with school principals to discuss public holiday and how it is for schools.

• 9 August – spoke at Wimmera Australians in Retirement AGM and monthly meeting, very proactive group, enjoyable event, retirees asked lots of good questions.

• 10 August – attended MAV Rural and Regional Forum in Melbourne, discussed fire prevention standards, SES, valuation reforms and how that’s going to be rolled out throughout the area. Now talking to MAV about how that’s going to work, especially for regional councils, aged care and NDIS, looking at real issues for regional councils and people, real concerns re travel; also discussed homes for homeless Victorians

• 14 and 15 August – attended Council Briefing.



• 17 August – opened Olivers Real Food, fantastic, noticed a queue there yesterday. Received thanks for support by email from owner.

• 17 August – attended Kalkee Road Children’s Hub PCG, everything going to plan, looking at opening in February at beginning of school term.

• 18 August – Mayor for the Day Alexandra Salter joined me. She is a Year 8 Lutheran College student who was selected for writing a poem on how she saw Horsham in 10 years. Mr Martin challenged her with a few issues. We met with all the directors, talked about their relationships with the mayor etc. Alexandra also attended Vietnam Veterans day and helped lay a wreath, and was interviewed on ABC Radio.

• 18 August – opened printmaking exhibition at the Art Gallery, all artists were local. Two other exhibitions opened that evening, Cr Clarke recommended people have a look.

Cr Clarke wished to take the opportunity to thank everyone who has supported her in this disappointing episode in Council history.

Mr Brown reiterated advice from last meeting, where any member of the public believes there is a conflict of interest it should be referred to the inspectorate. That is the proper body to investigate claims.

Cr Clarke – To answer many of the allegations, Cr Clarke tabled a report that explains her position. The report was tabled and released to each Councillor at end of this meeting. Refer to Attachment 1 for copy of report.

Moved Cr Radford, Seconded Cr Power that the Councillors’ Reports be received.

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Chief Executive

10. OFFICERS REPORTS

10.1 CHIEF EXECUTIVE 10.1.1 CHIEF EXECUTIVE – ANNUAL LEAVE ARRANGEMENTS

P F Brown File Ref: Purpose To advise Council of proposed annual leave arrangements for the Chief Executive. Issues The Chief Executive plans to take annual leave from Thursday, 7 September 2017 to Friday, 6 October 2017, inclusive. Consultation/Communication It is proposed that John Martin, Director Technical Services be appointed as Acting Chief Executive during this period. The Executive Management Group has worked through backfill arrangements with the Chief Executive. Recommendation That John Martin, Director Technical Services be appointed as Acting Chief Executive for the period 7 September 2017 to 6 October 2017 inclusive. Moved Cr Radford, Seconded Cr Koenig that the recommendation be adopted.

CARRIED 10.1.2 WESTERN RAIL ADVOCACY CAMPAIGN

P F Brown File Ref: F10/A04/000001 Purpose To provide an update on the Western Rail Campaign. Background The Grampians and Barwon South West Region Passenger Services Cost and Feasibility Study was launched in April 2017. It was commissioned by eight Western Victorian Councils and covers the area from Ararat to the South Australian border, and from Yarriambiack in the north, to the Glenelg Shire in the south. Funding was provided by the State and Federal governments.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Chief Executive The study was based on extensive economic, engineering and social research, as well as meetings with a broad cross-section of stakeholders. It showed that passenger rail can and should return to Western Victoria. A report on the Grampians and Barwon South West Region Passenger Services Cost and Feasibility Study and follow-up advocacy that occurred with key politicians was presented to Council on 19 June 2017. Issues The first goal of the project – to increase Ararat to Melbourne train services from three to four services daily – was announced in July 2017 and will take effect on 27 August 2017. The connecting coach services for the new rail services have not yet been implemented. The Western Rail group wrote to Transport for Victoria (TFV) on 4 August 2017 requesting attention to these new services and better alignment of existing services (Appendix “10.1A”). The next stage in the project, the Western Rail Advocacy Campaign, was launched in Stawell on 11 July 2017. The campaign includes a website www.westernrail.com.au and dedicated Facebook page and Twitter handle, providing campaign updates and opportunities for people to tell their story. Attached as Appendix “10.1B” is an advocacy document “Western Rail – Connecting our Communities” which has also been widely distributed. It is accompanied by a series of ‘What’s In It For Me?’ DL flyers which cover the benefits for each town in the project area. Since the campaign was launched, the Chief Executive has continued to advocate for a business case to be developed and for Government and Opposition parties to provide in-principle support to return of passenger rail to Western Victoria. Meetings have been held with State Bureaucrats to increase awareness of the proposal. The opportunity was taken to brief Jaala Pulford, Minister for Regional Development, during her recent visit for the Wimmera Southern Mallee Regional Partnerships forum held in Horsham. At the forum, the return of passenger rail to Western Victoria received strong support and the Premier, Government Ministers and Bureaucrats in attendance would all have received a good understanding of the issue. The advocacy campaign continues with more marketing collateral to be developed in coming months. The next goal is to see additional coach services to create better linkages between regional towns and cities in the south-west, and Ballarat line upgrades to allow for reduced travel times between Ararat and Melbourne. The total cost of Stage 1 is $1.6 million. Stage 2 of the project will look to reinstate passenger rail services to Horsham and Hamilton, and convert tracks between Ballarat and Ararat from broad to standard gauge. The total cost of Stage 2 is $369 million.


http://www.westernrail.com.au/

Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Chief Executive A further meeting of the Western Rail Project Steering group will be held in Stawell on 29 August 2017. Invitations will be sent to mayors and CEO’s of the participating Councils. The return of passenger rail to Western Victoria also ties in strongly with the Murray Basin Rail Project to standardise freight rail lines in Western Victoria. Attached as “Appendix 10.1C” is an outline of the Murray Basin Rail Project. It can be seen that the only remaining line which is not standardised in the west and north-west of the State will be the section between Ararat and Ballarat. Standardisation of this section will have benefits not only for freight flexibility but also is an essential part of return of passenger rail to Western Victoria. Consultation/Communication The campaign has a website www.westernrail.com.au, and a dedicated Facebook page and Twitter handle providing details of the campaign and opportunities for people to tell their story. The project control group is also working on a suite of audio visual materials to further broadcast the campaign. These will be completed in coming months. Financial The Western Rail Advocacy Campaign has been jointly funded by the eight Western Victorian Councils participating in the project. Horsham Rural City, Ararat and Southern Grampians have borne some of the further costs in 2017. A further report on financial issues will be presented to Council following the Western Rail Project Steering group meeting at the end of the month. Links To Council Plans, Strategies, Policies 2017-2020 Council Plan • Advocacy – Return of passenger rail Provided for information of Council.

Moved Cr Koenig, Seconded Cr Radford that the report be received.

CARRIED


http://www.westernrail.com.au/

Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Chief Executive 10.1.3 WIMMERA INTERMODAL FREIGHT TERMINAL (WIFT)

P F Brown File Ref: F15/A07/000001

Refer to Confidential briefing paper. Moved Cr Radford, Seconded Cr Sedgman that this item be considered in Closed Council (“Committee”).

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services

10.2 DIRECTOR OF CORPORATE SERVICES 10.2.1 LETTER FROM VICTORIAN FARMERS FEDERATION

G Harrison File Ref: F27/A01/000001 Purpose To present the letter received from the Victorian Farmers Federation (VFF) concerning matters of differential rates and the right to farm. Background On 2 August 2017 a letter was received from Mr David Jochinke, President of the VFF, concerning matters of rating, particularly differential rates for the farm sector and the right to farm (Appendix “10.2A”). Issues A draft response has been prepared (Appendix “10.2B”) that sets out the actions that Council has been undertaking with respect to: 1. Advocacy items from Council’s Plan that will have a positive impact for the farm

sector – mobile phone coverage, support for further development of Longerenong College and rail freight services to the region.

2. Support for the Wimmera Development Association with recent activity re value adding for the agriculture sector and weather radar services.

3. Differential rates – Council has been actively addressing the matter raised regarding eligibility to the farm differential for small holdings, hobby and lifestyle properties.

4. Right to farm – the VFF policy document has been forwarded to Council’s Planning Department for future reference.

Consultation/Communication Councils Rates Strategy is reviewed each year as a part of the annual budget process and the community is encouraged to make submissions. Financial There are no immediate financial impacts associated with this correspondence. Links To Council Plans, Strategies, Policies Goal 4 - Governance and Business Excellence. Provided for information of Council. Moved Cr Grimble, Seconded Cr Radford that the report be received.

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Corporate Services 10.2.2 COUNCIL PLAN – HALF YEARLY REPORT

L Haigh File Ref: F19/A11/000001 Purpose To provide a report on how Council has progressed against the Council Plan, four year priorities and strategic indicators over the period 1 January 2017 – 30 June 2017. Background Following the October 2016 Council elections, Councillors and officers met in December to review the existing Council Plan. Many existing priorities were kept and a significant number of new priorities were added along with new strategic indicators for each goal. Goal 2 in the former plan was split into two: • “Sustaining the Economy” Lead in sustainable growth and economic

development • “Natural and Built Environments” Lead in environmental best practice, create a

municipality for the future and plan for the impacts of climate change This has enabled a stronger focus for both of these specific goals within the Council Plan. A detailed review was undertaken of all of the four year priorities and the previous 67 priorities have now been expanded out to 119. The 2017-2021 Council Plan was formally adopted on 19 June 2017. As a result work has not yet commenced on many of the 119 priorities and 19 strategic indicators. Issues 1. Four year Priorities The following Four Year priorities have been completed:

Goal 3, 3.2.03 Review and update Road Management plan Goal 4, 4.4.09 Review need for more HR resources

There are currently 34 priorities that are 50% or greater complete, 32 that have started but are under 50% complete and 51 with the status of not yet started. 2. Strategic Indicators The Council Plan defines a number of strategic indicators for each goal. These are listed in the plan as items under the heading “We’ll track progress in terms of”. Some of these indicators provide a yearly measure of our performance whilst others align to the completion of specific tasks. There are 19 indicators in total and the following table summarises our achievements by goal:



Strategic Indicator Status Comments Goal 1 – Community & Cultural Development 100% completion of construction of the Kalkee Road Children's and Community Hub and commencement of operations by April 2018

Started 65%

Completion of a detailed feasibility study for a multipurpose/indoor sports and community facility by December 2017

Started 80%

Work with the Horsham Historical Society to plan for and scope a new Heritage Centre by December 2017

Not yet due Staff have had preliminary discussions with the Society

Securing funding for CBD Revitalisation Project Stage 1 - improved urban design by 31 December 2017

20% Presentations were made to the Minister for Regional Development on 2 August. Discussions continue with RDV.

Develop plans for a Town Square by 31 December 2017

Started 50%

Goal 2 – Sustaining the Economy Complete Stage 1 infrastructure development at the Wimmera Intermodal Freight Terminal Precinct by December 2018

Started 5%

Grant funding of $1.25m secured on 2 August 2017

Implement the outcomes from the Visitor Information Centre review by 30 June 2019

Started 5%

Goal 3 – Asset Management Develop a consultative process for community input into road construction and maintenance priorities for input to the 2018-19 budget, by December 2017

Not yet due

Finalise preparation of asset management plans for all main asset groups by June 2018

Not yet due

Implement improved asset management and maintenance management systems by December 2017

Started 25%

Complete, or commit via contracts, 90% of infrastructure works (by value) within the planned financial year

Not yet due

Goal 4 – Governance & Business Excellence Complete an engagement process by 30 June 18, with community, for the 2018/19 Council Plan and Budget cycle that is more deliberative and explains the “why” of council services

Not yet due

Maintain staff turnover rates at under 10% Not achieved for 16/17

Staff turnover figures for 2016/17 were just outside the 10% at 10.76%.

Increase overall score in the Community Satisfaction Survey

Not achieved for 16/17

Overall performance score reduced by 3 points to 60.



Whilst this was lower than last year and meant that this target was not achieved it was not considered as a significant reduction.

Implement a new HRCC External website Started

50% complete – estimated go-live date in October 2017.

Goal 5 – Natural and Built Environments Update and promote our Sustainability Strategy by June 2018

Not yet due

Install solar panels on at least two Council buildings by June 2018

Started 50%

99 Kw Civic Centre solar panels installed July 2017.

90% of planning permits issued within the 60 day statutory period

Not achieved 60% for 16/17

Planning Officers have invested considerable time preparing for the Iluka VCAT process, implementing a new improved software system for planning applications, supporting community groups and developers with information in pre-application phases, and assisting with strategic planning projects which has adversely impacted on percentage of issue of planning permits within 60 days

Complete at least one major strategic planning review prior to 30 June 18

Not yet due

Issues A full and comprehensive report on all Council Plan 4 Year Priorities and Strategic Indicators is attached in Appendix “10.2C”. Links To Council Plans, Strategies, Policies Council Plan Provided for information of Council. Moved Cr Robinson, Seconded Cr Sedgman that the report be received.

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Planning and Economic

10.3 DIRECTOR OF PLANNING AND ECONOMIC 10.3.1 PA1700025 – ACCESS AND CARPARK

A Moar File Ref: PA1700025 Purpose This report is to seek a determination of planning permit application 1700025 for the construction of an access track and car park for GWMWater at the Pines area on the northern section of Taylors Lake. Background This planning permit application was lodged with Council on 28 February 2017. The application was referred to relevant Government agencies and to adjoining property owners for comment. No objections to the proposal were received from the Government agencies, whereas six submissions were received from adjoining property owners or users of Taylors Lake. These submissions objected to the proposal. The issues raised in the submissions are included in the attached Planning Assessment Report (Appendix “10.3A”). A meeting was held on 20 June 2017 with the applicant, objectors, Council officers and three Councillors to discuss the proposal. Assessment The full assessment of this planning permit application is provided in Appendix “1”. A copy of the application documents is provided as Appendix “10.3B”. Section 60 of the Planning and Environment Act 1987 requires a minimum set of considerations to be made before an application is determined. The requirements of Section 60 are outlined below. (1) Before deciding on an application, the responsible authority must consider—

a) the relevant planning scheme; and

Comment: It is considered that the attached Planning Assessment Report provides assessment of the proposal against the provisions of the Horsham Planning Scheme. b) the objectives of planning in Victoria; and

Comment: It is considered that this application is consistent with the objectives of planning in Victoria.



c) all objections and other submissions which it has received and which have not been withdrawn; and

Comment: As mentioned earlier in this report, this application has received six submissions. The submissions and the applicant’s response to the submissions are included as part of the Planning Assessment Report.

After the meeting with the objectors the applicant has provided Council with a further response which identifies their further commitments in relation to the management of the Lake, for the purposes of this permit application and for the other uses currently being undertaken on the site. Overall it is considered that the issues that were raised can be addressed through better management of the site. It is considered that conditions placed on the permit should assist in this process.

d) any decision and comments of a referral authority which it has

received; and

Comment: There were no objections provided by any referral authority.

e) any significant effects which the responsible authority considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development; and

Comment: It is considered through the management of the site the issues regarding the environment can be addressed.

f) any significant social effects and economic effects which the

responsible authority considers the use or development may have.

Comment: The use of the Pines area is proposed to provide an additional recreational facility for users of the Lake.

Consultation This application was notified to adjoining property owners under the provisions of Section 52 of the Horsham Planning Scheme. In addition, Section 55 nominates that relevant Government agencies be notified of particular applications. In this case, the Wimmera Catchment Management Authority, and GWMWater were referred the application. No objections were received.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Planning and Economic Financial Nil Links To Council Plans, Strategies, Policies Council Plan 2.2 Cultivate opportunities for the municipality to prosper and pursue

possibilities for new development. Recommendation That Council having caused notice of Planning Application No. 1700025 to be given under Section 52 of the Planning and Environment Act 1987 and or the planning scheme and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to issue a Notice of Decision to Grant a Permit under the provisions of the Horsham Planning Scheme in respect of the land known and described as CA2004 Parish of Drung Drung, St Helens Plains, for the construction of car park and access track in accordance with the endorsed plans, subject to the following conditions: Endorsed Plans 1) The plans to be endorsed and which will then form part of the permit are the

plans submitted with the application.

2) The development as shown on the endorsed plans must not be substantially altered without the written consent of the responsible authority.

3) The removal of vegetation must only be to the minimum extent necessary to:

• carry out the development and • allow the construction of fences or protective barriers • remove hazards that presents an immediate risk of personal injury or

damage to property in the vicinity of the development

to the satisfaction of the responsible authority.

4) Before the vegetation removal starts, the boundaries of all vegetation stands to be removed and retained must be clearly marked on the ground or marked with tape or temporary fencing to the satisfaction of the responsible authority.

5) Any pruning or removal of tree limbs, particularly hollow-bearing tree limbs, must be to the minimum extent necessary.

6) Before the use or occupation of the development starts, the area(s) set aside

for the parking of vehicles and access lanes as shown on the endorsed plans must be:



a) constructed b) properly formed to such levels that they can be used in accordance with

the plans c) drained d) clearly marked to show the areas for parking, and the direction of traffic

along access lanes and driveways

to the satisfaction of the responsible authority. Car spaces, access lanes and driveways must be kept available for these purposes at all times.

7) All vehicles are to enter and leave the property in a forward direction.

8) A sign/signs to the satisfaction of the responsible authority must be provided directing drivers to the area set aside for car parking and must be located and maintained to the satisfaction of the responsible authority. The area of each sign must not exceed 0.3 square metres.

9) Concrete kerbs or other barriers must be provided to the satisfaction of the

responsible authority to prevent:

a) direct vehicle access to the Horsham - Lubeck Road other than via the vehicle crossing shown on the endorsed plans;

b) access to other areas of the Taylors Lake reserve outside of the car parking and access track areas.

10) Any security gate, barrier or similar device controlling vehicular access to the premises must be located a minimum of ten metres off the road reserve of the Horsham Lubeck Road to allow vehicles to park clear of any through traffic.

11) The use and development must be managed so that the amenity of the area is not detrimentally affected, through the:

a) transport of materials, goods or commodities to or from the land b) appearance of any building, works or materials c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil d) presence of vermin.

12) Upon the completion of construction and the use approved through this

permit, the permit holder shall identify contact details, on its website and on signage at the entry to the site, for the receipt and actioning of complaints or other comments relating to the use of the Pines area.



13) The permit holder will maintain a register of complaints and other comments

relating to operations on the Subject Land. The register should include details of how the complaints were addressed.

14) Active management of the site is to be undertaken including, but not limited

to:

• Regular patrols during the summer period, particularly during peak usage periods such as weekends and school holidays;

• Regular patrols during the fire restriction period to ensure fires are only lit in appropriate locations; and

• Weekly rubbish collection.

15) The access tracks intersection with Horsham Lubeck Road is to be constructed to the requirements and approval of the responsible authority.

16) All access gateways are to be located such that they provide a safe intersection sight distance for the applicable speed limit of the road to the satisfaction of the responsible authority.

Permit Expiry 17) This permit will expire if one of the following circumstances applies:

• The development and the use are not started within two years of the

date of this permit. • The development is not completed within four years of the date of this

permit. • The use is discontinued for a period of two years.

In accordance with section 69 of the Planning and Environment Act 1987, before the permit expires or within 6 months afterwards the owner or the occupier of the land to which this permit applies may ask the responsible authority for an extension of time. The owner or occupier of land to which this permit for development applies may ask the responsible authority for an extension of time to complete the development if the request for an extension of time is made within 12 months after the permit expires; and the development started lawfully before the permit expired.

NOTES ATTACHED TO PLANNING PERMIT NO PA1700025:

a) Prior to any excavation works the applicant and/or their contractors must undertake “Dial before you Dig” information for existing utility services locations. The phone number for this service is 1100.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Planning and Economic b) Prior to work on Council assets including work within road reserves or

easements, the relevant road opening permit must be obtained by contacting Council’s (Josh Hammond on 03 5382 9742). A relevant fee will be charged for the permit at the time of application.

Moved Cr Sedgman, Seconded Cr Koenig that the recommendation be adopted.

CARRIED

10.3.2 PA1700066 – LIQUOR LICENCE A Moar File Ref: PA1700066

Purpose This report is to seek a determination of planning permit application 1700066 for the sale of liquor (packaged liquor licence) in association with the use of the premises as a retail outlet. Background This planning permit application was lodged with Council on 14 June 2017. The application was referred to relevant Government agencies and to adjoining property owners for comment. Three submissions to the proposal were received from the public. Two of the submissions objected to the proposal, being an adjoining property owner and a member of the public. Aldi provided a submission but did not raise an objection. The issues raised in the submissions are included in the attached Planning Assessment Report (Appendix “10.3C”). Assessment The full assessment of this planning permit application is provided in Appendix “10.3C”. A copy of the application documents is provided as Appendix “10.3D”. Section 60 of the Planning and Environment Act 1987 requires a minimum set of considerations to be made before an application is determined. The requirements of Section 60 are outlined below. (1) Before deciding on an application, the responsible authority must

consider—

a) the relevant planning scheme; and

Comment: It is considered that the attached Planning Assessment Report provides assessment of the proposal against the provisions of the Horsham Planning Scheme.



b) the objectives of planning in Victoria; and

Comment: It is considered that this application is consistent with the objectives of planning in Victoria.

c) all objections and other submissions which it has received and which

have not been withdrawn; and

Comment: As mentioned earlier in this report, this application has received three submissions. The submissions and the applicant’s response to the submissions are included as part of the Planning Assessment Report.

d) any decision and comments of a referral authority which it has

received; and

Comment: There were no objections provided by any referral authority.

e) any significant effects which the responsible authority considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development; and

Comment: Council must give appropriate weight not only the physical appearance of a building and associated infrastructure but also to how the proposed uses may be compatible with that of current surrounding uses.

f) any significant social effects and economic effects which the

responsible authority considers the use or development may have.

Comment: Council has encouraged and approved a number of community services, medical facilities and outreach organisations to establish in the subject area. The proposal would not provide for a positive outcome for these adjacent uses. It is considered that the proposed use is at odds with the surrounding community services, which aims to assist the socially disadvantaged members of the local community.

Consultation This application was referred internally to the Building Department, Environmental Health Officer, Community Services and Technical Services. Mr Kevin O’Brien, Director of Community Services responded on behalf of the Community Services Department objecting to the proposal. Attached as Appendix “10.3E” is the submission from the Community Services Department. A referral was also sent to VicPolice under Section 52 for comment. They provided no objections to the proposal.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Planning and Economic This application was notified to adjoining property owners under the provisions of Section 52 of the Horsham Planning Scheme. Financial Nil Links To Council Plans, Strategies, Policies Council Plan 2.2 Cultivate opportunities for the municipality to prosper and pursue

possibilities for new development. Recommendation It is recommended that Council issue a Refusal to Grant a Planning Permit, for Planning Permit Application No. PA 1700066, for a packaged liquor licence associated with use of the land as a bottle shop (as of right use) and the reduction in carparking at Hamilton Street, Horsham on the following grounds: 1. The proposal would be inappropriately located and incompatible in the context

of being adjacent to community services. Moved Cr Grimble, Seconded Cr Radford that Council, having caused notice of Planning Application No. PA1700066 to be given under Section 52 of the Planning and Environment Act 1987, and having considered all the matters required under Section 60 of the Planning and Environment Act 1987, issue a Notice of Decision to Grant a Permit under the provisions of the Horsham Planning Scheme, in respect of the land known and described as 66A & 66B Hamilton Street, Horsham, for the sale of liquor (packaged liquor licence) in association with the use of the premises as a retail liquor outlet in accordance with the endorsed plans. 1. The plans to be endorsed and which will then form part of the permit are

the plans submitted with the application. 2. The licensed area as shown on the endorsed plans must not be altered

without the written consent of the Responsible Authority. 3. The use must be managed so that the amenity of the area is not

detrimentally affected, through the: a) Transport of materials, goods or commodities to or from the land; b) Appearance of any building, works or materials; c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil; and d) Presence of vermin or otherwise.



In the event of any nuisance being caused to the neighbourhood by activities related to the use the Responsible Authority may direct, in writing, such actions or works, as deemed appropriate, to eliminate or mitigate such nuisance be undertaken.

Hours of Operation 4. The use may operate only between the following hours without the further

written consent of the Responsible Authority:

On any day other than Sunday, Good Friday, ANZAC Day or Christmas Day 9am and 11pm

Sunday 10am and 11pm ANZAC Day 12 noon and 11pm

No trading on Christmas Day or Good Friday. 5. The loading and unloading of goods from vehicles must only be carried out

on the land within the designated loading bay and must not disrupt the circulation and parking of vehicles on the land.

Environmental Health Officer 6. The premises must be registered with Council under the Food Act 1984. No

preparation or sale of food may occur prior to registration. 7. The new/existing premises at which the preparation and sale of food will

occur must comply with the structural requirements of the Food Standards Code 2003, including all fixtures and fittings, floors, walls, ceilings and appliances. The premises must be constructed to the satisfaction of Council’s Environmental Health Officer and be inspected prior to registration.

Permit Expiry 8. This permit will expire if one of the following circumstances applies: - The use is not started within two (2) years of the date of this permit; - The use is discontinued for a period of two years.

The Responsible Authority may extend the periods referred to if a request is made in writing before or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Planning and Economic Moved Cr Radford, seconded Cr Sedgman that Council investigates limiting the number of planning permits issued for the sale of packaged alcohol in Horsham Rural City from a specified date.

CARRIED Amendment Moved Cr Grimble, that Cr Radford’s motion be referred back to a planning meeting for consideration. The motion LAPSED due to want of a seconder. 10.3.3 WIMMERA INTERMODAL FREIGHT HUB UPDATE

A Murphy File Ref: F15/A09/000001 Purpose To inform Council of State Government funding of up to $1.25 million towards infrastructure at the Wimmera Intermodal Freight Terminal Precinct. Background By way of background, the Wimmera Intermodal Freight Terminal (WIFT) is the key export freight hub for the Wimmera, based within a 470 hectare precinct. The $17.75 million terminal project was funded by all levels of Government and was completed in August 2012 on 23.2 hectares. This important strategic investment for the Wimmera region will provide vital freight infrastructure for the next 50+ years. A precinct Structure Plan was developed in December 2012 to guide the future development of the precinct and to facilitate the relocation of large agribusiness operations, packing plants and transport operators from within Horsham to purpose built facilities outside of town. Issues As part of the Wimmera Southern Mallee Regional Assembly held on 2 August 2017, the Hon Jaala Pulford, Minister for Regional Development announced State Government funding of up to $1.25million to support delivery of infrastructure to Stage 1 of the precinct by the provision of roads, drains, power and water at a total cost of $2.5million. This will then facilitate business development at the precinct, and Johnson Asahi, a key export hay processor already operating in the region has committed to relocating their business to the precinct. Tanloden (Wingarra) a new export hay processor has also committed to establishing at the precinct. Meeting Date: 21 August 2017 Page 30

Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Planning and Economic It is important to note that Council still has considerable work and negotiation to undertake with the owner of the land in the WIFT precinct before physical works can commence on site, in order to satisfy the conditions of the funding agreement. The Panel Hearing for the Planning Scheme Amendment to change the zoning of the precinct from farming to special use zone was held on Friday, 11 August, 2017. A report from the Panel is expected in 6 weeks. Financial The total cost of Stage 1 infrastructure within the precinct is $2.5 million, with State Government contributing $1.25 million and Council and developer levy contributions funding the balance. Links to Council Plan 1.1 Cultivate opportunities for the municipality to prosper and pursue possibilities

for new development Provided for information of Council.

Moved Cr Grimble, Seconded Cr Power that the report be received.

CARRIED Moved Cr Grimble, Seconded Cr Radford that Council write a letter of appreciation to Hon Jaala Pulford, Minister for Regional Development for the contribution of funds to the Wimmera Intermodal Freight Terminal.

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Community Services

10.4 DIRECTOR OF COMMUNITY SERVICES 10.4.1 2017-2021 PUBLIC HEALTH AND WELLBEING PLAN

M Rethus File Ref: F30/A14/000001 Purpose To provide a report to Council on the 2017-2021 Public Health and Wellbeing Plan and recommend that comments from the public are invited on the plan before Council considers adopting the plan. Background A municipal public health and wellbeing plan is required under Section 26 of the Victorian Public Health and Wellbeing Act 2008. The purpose of this plan is to demonstrate how Horsham Rural City Council will work to create a local community in which people can achieve maximum health and wellbeing across the next four years. It is required to be submitted by October 22 2017. The plan fulfils the requirements under the Act, which state a Municipal Public Health and Wellbeing Plan (MPHWP) must: • Include an examination of data about health status and health determinants in

the municipal district. • Identify goals and strategies based on available evidence for creating a local

community in which people can achieve maximum health and wellbeing. • Provide for the involvement of people in the local community in the

development, implementation and evaluation of the public health and wellbeing plan.

• Specify how the Council will work in partnership with the department and other agencies undertaking public health initiatives, projects and programs to accomplish the goals and strategies identified in the public health and wellbeing plan.

A Steering Committee was established to oversee the development of the MPHWP. The Steering Committee consisted of the following members: • One Councillor of Horsham Rural City Council (Mayor Cr Clarke) • Goolum Aboriginal Co-operative representative (Wally Coleman) • Wimmera Health Care Group Representative (Janine Harfield) • Department of Health and Human Services Representative (Rosie Thomas) • Grampians Community Health Representative (Kath Heading) • Uniting Wimmera Representative (Wendy Sturgess) • Wimmera Primary Care Partnership Representative (Andree Schier / Geoff

Witmitz) • HRCC Director Community Services (Kevin O’Brien)



• HRCC Recreation and Sustainability Representatives (Rhonda McNeil/Mandy

Kirsopp) • HRCC Community Development Representatives (Martin Bride / Michelle Rethus) • HRCC Human Services Representatives (Mandi Stewart / Luke Mitton) Attached (Appendix “10.4A”) is the final Plan. Issues Seven priority areas were identified after analysing data specific to Horsham Rural City and reinforced by the Wimmera Primary Care Partnership Health & Wellbeing Plan, the 2015-2019 Victorian Public Health and Wellbeing Plan and consultations with partner agencies and the community. Each priority area has one or two objectives underneath to outline Council’s focus for that area. The seven priority areas are: • Increasing healthy eating and active living

Objective 1: To increase healthy eating options (food and beverage) in the community. Objective 2: To increase opportunities for participation in physical activity.

• Reducing harmful alcohol and drug use

Objective: To reduce alcohol consumption and minimise harm associated with the misuse of alcohol and other drugs.

• Improving mental health

Objective: To increase social cohesion and resilience in the community.

• Preventing family violence Objective 1: Improve awareness and knowledge of violence against women. Objective 2: Address key drivers of gender inequality leading to violence against women.

• Improving sexual and reproductive health

Objective: To improve access to information and increase awareness and knowledge around safe sexual practices and services.

• Improving early years outcomes

Objective 1: Improve opportunities for participation and connection with services for parents. Objective 2: Improve learning and development of young children aged 0-6 years.

• Strengthening education and economic development Objective: To profile Horsham as a place to do business and generate new business opportunities.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Community Services Underneath these priorities sit 32 actions that will be delivered by Council along with Partner Organisations. Each priority has a set of evaluation measures that will be assessed at the completion of the plan (given the data is only available every four years). An annual review will be conducted against individual action status and ongoing community engagement will be conducted – particularly to communicate status of key actions to the broader community and the “why” behind it - in line with Council Plan Action 4.1.02. Consultation/Communication A Community Engagement Plan was developed for the project, which identified how stakeholders and the community were to be engaged throughout the project and shared with Council at a briefing on March 14 2017. Initially, discussions were held with both internal and external stakeholders along with a workshop focused on brainstorming actions underneath the priority areas. External Stakeholders included representatives from: organisations represented in the Steering Committee along with Wimmera Regional Library Corporation, Wimmera Drug and Alcohol Taskforce, Wimmera Regional Sports Assembly, YMCA, Headspace, Women’s Health Grampians, Primary Health Network, Victoria Police, WSMLLEN, WDA, Wimmera Pride, Centre for Participation, Barwon CASA and HDKA. To reach the broader community, a survey was conducted from July 18-31 2017 in both electronic and hard copy form and a listening post was conducted August 29 2017. There were 240 responses to this survey, with the age profile of the respondents representing the Horsham Rural City age profile although only 30% of responses were from males. The MPHWP will be made available to the public for comment between August 23 – September 19 2017. It will be advertised through the public notices, made available on the website and information provided through social media and a media release prepared. As part of the regular Councillor Listening Posts at the Horsham Plaza, the plan will be made available for feedback. Comments received on the plan will be considered by the steering group with the final plan to be presented to Council for adoption in October. Financial Implementation of the proposed actions in the Plan would be funded by a mix of internal budget bids, changes in practice, and grant funding. In the 2017/2018 budget the following initiatives are examples where funding has been allocated which would support the proposed actions:



Health and Wellbeing Action #

Council Plan

Action #

Budget description

5 5.2.03 $20,000 to develop an Open Space strategy for Horsham

5.2.04

$57,000 for a Wimmera River walking path on the south side of the river adjacent to the Bennett Road area

27 2.1.03 $60,000 for the writing of an Economic Development Strategy.

22 1.1.05 $2.480 million for the staged development of a Children’s and Community Hub on Kalkee Road in Horsham’s north. (The project is funded through grants from the State Government $1.98 million and council borrowings $0.50 million and will be completed in the 2017/18 financial year.)

Ongoing basis

$180,000 for Upgrade and New works for the Laharum Hall – dependent upon receiving grant funding of $90,000.

14 Ongoing basis

$85,000 to replace the roof on the Lapidary Club building in Roberts avenue at the rear of the old police station

$130,000 for the renewal of the public toilets at Dudley Cornell park

Ongoing basis

$135,000 for proposed new public conveniences in the Hamilton street area (location yet to be determined)

1.4.02 and

1.4.03

$1.60 million for CBD revitalisation works including underground power lines within the CBD. This is a part of the ongoing CBD Strategy and is expected to be funded $1.056 million from a non-recurrent grant and $0.544 million from the CBD reserve.

1.2.03 $149,000 for a community multi-sports court in the Horsham North rail corridor area.

1.2.01 $30,000 to reseal the viewing ramp at the city oval from the clubrooms to the grandstand.

7 Ongoing basis

$500,000 for Pynsent Street / Roberts Avenue/ Wilson Street stage 2 paving works

Links to Council Plans, Strategies, Policies Council Plan 2017-2021 1.2.05: Development of the Health and Wellbeing Plan 2017 Meeting Date: 21 August 2017 Page 35

Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Community Services Recommendation That the 2017-2021 Public Health and Wellbeing Plan be made available to the public for comment. Moved Cr Koenig, Seconded Cr Power that the recommendation be adopted.

CARRIED 10.4.2 MEALS CONTRACT

M A Duke / M Stewart / K O’Brien File Ref: F13/A01/000003 Purpose To discuss the changes to Meals on Wheels contract costs and the financial implications for Council. To put forward a recommendation to increase the meals fee to offset the cost of the meals contract. Background Horsham Rural City Council (HRCC) provides for the delivery of Meals on Wheels (MOW) to people who are unable to have to source a nutritional meal. This service is provided 5 days per (not at the weekend or Public Holidays). We have two contractors one being Wimmera Health Care Group (WHCG) providing meals in the Horsham area and the other being West Wimmera Health Service (WWHS) providing meals in the Natimuk area. New pricing for this financial year was not provided to Council until after the 2017/18 budget and associated fees and charges where set. Meals on Wheels were first instigated to provide nutritional meals to people in their own homes unable to cater for themselves. Historically there were no other options available in the community. Today we have supermarkets with a large variety of nutritious pre-packaged meals. Now in Horsham there is a range of delivery options including 2 course hot meals delivered from a café which is favoured by some of our past clients. Issues The Meals on Wheels Contract was renewed in 2012 for three years with both the WHCG and WWHS. The Contract has a two x two-year extension, and prices are reviewed at the time of the extension. This financial year is the second two-year extension and the health services have supplied their price per meal for the next two years. This happened after the fees and charges were set for the current period. Meeting Date: 21 August 2017 Page 36

Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Community Services The Commonwealth and State government fund a unit rate of $3.47 per meal, and we are allowed to charge a fee for the meals. Currently we charge $10.00 per meal and this is for a fruit Juice, Soup, Main Course and Sweet. The majority of persons receiving a meal are funded under the Commonwealth Homes Support Program; some clients who are under 65 years are funded through the Vic HACC PYP (Victorian Home and Community Care Program for Younger People). We do, however, have a number of clients who purchase the meals at full cost recovery. A total of 14,151 meals were supplied to clients in the HRCC region in 2016/2017 financial year 13,298 (Horsham) and 853 meals (Natimuk). HACC schedule of fees – cites $9.10 as the meal price for low fee and full recovery for high (brought through brokerage) for which we currently charge $17 plus GST. The price rises put forward by WHCG and WWHS are approximately 10% for the 2017/18 financial year then 5% for the 2018/19 year. These costs do not include the cost of staff and volunteer time and on-costs which Council covers. This financial year cost to Council after reimbursements and grant is budgeted to be $71,588. The price increases will add a further $16,531.00 to Council’s contribution to Meals on Wheels if we make no increase to fees. There are options that Council can consider to offset most of the additional costs charged by the meals contractors. 1. Make an immediate (October) increase to the cost of MOW prices for clients by

$1 to $11 per meal. Additional cost to Council in 2017/18 financial year $4,123.75.

2. Increase fee at the beginning of the 2018 calendar year by $1 to $11 per meal. Additional cost to Council 2017/18 financial year $8,265.50.

3. Delay fee increase until July 2018. Additional cost to Council in 1017/18 financial year $16,531.00.

It is recommended that Council offset some of the additional costs imposed by the meals contractors, However, due to the price sensitivity that surrounds the clients that purchase meals there is a significant lead-time and that the fee increase occur as of 1 January 2018. This means that Council wears six months of the increase in contract cost. This will mean that Council’s contribution to Meal Services will increase by $8,265.50 in the 2017/18 financial year. Consultation/Communication Clients will be notified of the increase in fees and the timeframe for introduction. Financial hardship cases will be considered on an individual basis.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Community Services Financial An increase in the fee of $1.00 in January 2018 will result in Council wearing the additional contract cost for an amount of $8,265.50, and $8,265.50 will be received from the clients through the fee increase. Links To Council Plans, Strategies, Policies Council Plan 2017-2021 1.4 Develop the municipality as a desirable place to live, work and enjoy for people of all ages and abilities. Recommendation That current fee charged for a meal is increased from $10.00 to $11.00 from 1 January 2018. Moved Cr Grimble, Seconded Cr Robinson that Council seek feedback from the residents that receive meals on wheels in relation to our proposed fee structure from 1 January 2018.

CARRIED 10.4.3 MEALS CONTRACT

M A Duke/M Stewart/K O’Brien File Ref: F13/A01/000003 Refer to Confidential Briefing Paper. Moved Cr Radford, Seconded Cr Power that this item be considered in Closed Council (“Committee).

CARRIED

10.4.4 HORSHAM REGIONAL ART GALLERY COMMITTEE OF MANAGEMENT

A Harding / M Bride File Ref: F06/A12/000001

Refer to Confidential Briefing Paper. Moved Cr Radford, Seconded Cr Koenig that this item be considered in Closed Council (“Committee).

CARRIED


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Technical Services

10.5 DIRECTOR OF TECHNICAL SERVICES 10.5.1 WIMMERA RIVER PEDESTRIAN BRIDGE

J Martin File Ref: F02/A05/000002 Purpose To provide an update to Council and the community on the status of construction of the Wimmera River Pedestrian Bridge. Background Council sought tenders for construction of the Pedestrian Bridge in late 2014. No local tenders were received. Two similarly priced suspension bridge tenders were most competitive, with some non-suspension bridges being tendered at much larger costs, well in excess of the budget. After an inspection of similar span bridges at Mudgee and Wodonga by the two leading tenderers, the contract was awarded to J&R Industries of Wangaratta. The J&R Industries bridge at Mudgee was considered to be quite an elegant design that would look good in Horsham. The contract was a design and construct contract, and the specification for the Horsham bridge differed from that of Mudgee, with an emphasis on much less vibration than the Mudgee bridge. This led to a significant design upgrade by the contractor, and a detailed design review process by Council. Fabrication of some non-structural components was able to be completed while the design was being finalised, however fabrication of the core structural elements did not start until about the middle of 2016. Progress continued at a slow pace, and this only picked up following a series of site meetings and inspection of progress by Council staff at the contractor’s Wangaratta base, from October 2016. At that time Council engaged the services of a staff member from Wangaratta Rural City Council to assist in supervision of progress with construction. J&R Industries went into administration in late May 2017, and subsequently ceased trading. The financial status of the contractor had plagued progress on the bridge during this period, leading to repeated delays in the works. Fortunately, some of the more complex parts of the construction process were completed by the contractor prior to its closure, including erection of the towers, installation of the main suspension cables across the river, and most of the deck frames from the hanger cables.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Technical Services Issues Ongoing into administration the contractor initially provided no information for completion of the bridge. Subsequently, some limited instructions were provided, but these were far from comprehensive. During investigations to scope out the remainder of the work, Council staff identified a number of faults, ranging from minor to significant. Key faults have been: • Differing tensions in the pair of suspension cables on the west side of the bridge. • The fabricated balustrade panels were not the right height. • Misalignment of one of the lateral stay post footings. • Some elements had the materials supplied, but had not yet been fabricated, in

particular the handrails. • Some minor components had not been supplied, including a large percentage of

fasteners. Of these faults, the differing cable tensions was identified as the most significant issue. It was decided that further construction of the bridge could not proceed until that was rectified, in particular because it was assessed that rectifying the bridge would only become more difficult as additional weight was added to it. In the period that major work was not able to proceed on the bridge itself, supporting works were able to continue including: • Pouring the lateral stay footings • Installing the lateral stay posts • Installing missing bolts on the bridge deck frames • Fabrication of missing elements • Notching all the decking panels for the balustrade posts. To rectify the cable tension issue advice was sought from a range of sources, including local contractors and companies with a background in similar suspension bridges. In mid-July a solution was identified, and the contractor was able to correctly adjust these tensions by late-July. Good progress has been achieved since then. Works Progress A detailed list of the tasks required to complete the bridge, post-contractor, was prepared by early June, and is included in “Appendix 10.5A” Key elements of this program included training of staff in relevant areas, i.e. working at heights and rigging, and the engagement of a number of local contractors to assist with specialist tasks.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Technical Services Recent progress, since the rectification of the cable tension issue, has included: • Tightening all the deck frame bolts • Installation of the decking • Installation of the handrails • Laying out the balustrade panels along the bridge deck to reach final loaded

weight • Correcting the shape of the bridge (nearing completion) • Installation of electrical conduits for lighting (nearing completion) • Testing the main flood lights, in relation to light levels and spill onto

neighbouring properties. The program for these works indicates that completion of all activities on the suspension part of the bridge, between the two towers, will be completed by the end of the week of Friday 18 August. Following this, work will proceed on the approach ramps on both sides of the bridge. Subject to favourable weather conditions, completion of the bridge, ready for pedestrians, is expected during September. Some final elements, including landscaping and cultural heritage recognition, may take slightly longer to complete, but not impact on the function of the bridge. Financial The visit by Council staff to the contractor’s site in October 2016 was in part triggered by reports that some local sub-contractors had not been paid for work done. These reports had just started to be received by Council at around that time. This was an indication to staff that the contractor’s financial position was becoming difficult. Following this visit, payments to the contractor were only made on the basis that there was a payment plan in place for all sub-contractors so that they would be progressively paid. The contractor adhered to the progress payments for a short while, but by about January 2017 Council was directing that all sub-contractor payments be paid directly by Council. On taking over the bridge works from the contractor, it was identified that there were a number of costs which had not been anticipated, including some sub-contractor costs which had not previously been identified, that the contractor would have previously been responsible for under the contract. As far as Council staff are aware, all sub-contractors have now been paid monies owed as part of the bridge works.


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Technical Services Rectification of the faults as indicated earlier in this report, has led to additional costs being incurred. A financial report will be provided on completion of the bridge. It is anticipated that the bridge will be over budget due to the folding of the contractor, possibly to the extent of $120,000, out of a total project value of $1.2 million. Conclusions The cessation of trading of the main contractor for this project has created some cost and timing issues for the completion of the bridge. However, the work of the contractor, particularly in regard to the critical structural elements, has been sound and Horsham will have an elegant, functional and durable bridge when completed, shortly. The enthusiastic and skilled participation of Council staff in completing the bridge works, including design and operations team staff, stands Council in good stead for the future maintenance of the bridge, as these staff are gaining a detailed practical knowledge of the bridge and its components. Council staff have been well supported by a range of local contractors who have provided assistance in specialist areas. Provided for information of Council.

Moved Cr Grimble, Seconded Cr Radford that the report be received.

CARRIED 10.5.2 SPORT AND RECREATION ADVISORY COMMITTEE MEMBERSHIP

M Kirsopp and R McNeil File Ref: F01/A07/000001 Purpose To inform Council of the appointment of community representatives to the Sport and Recreation Advisory Committee. Background Applications were invited for membership of the Sport and Recreation Advisory Committee. Seven nominations were received for the five Community representative vacancies. An existing member chose not to renominate for the committee. Of the vacancies, three of the positions were filled by existing members, leaving four applicants for the remaining two positions. Meeting Date: 21 August 2017 Page 42

Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Technical Services Section 3.1 of the terms of reference provides general guidance for appointment of representatives to the Committee.

A selection panel of a Councillor and the Recreation and Sustainability Manager, or delegate will recommend the selection of representatives to fill the vacancies.

Once recommendations are made, the appointment of representatives is then able to be ratified by the Director Corporate Services. Community Representatives Normally, the Councillor on the panel would have been the Councillor representative to the Committee, in this case Cr Radford. As one of the applicants (Sue Exell) was a recent Councillor, it was determined that the Mayor should meet with the Recreation and Sustainability Manager to form the panel. There were four applicants for the two positions, although one subsequently withdrew. The successful applicants were: • Sue Exell • Genevieve Smith. Details of the unsuccessful applicant are presented in the Confidential Briefing Paper on this subject. The key factor that differentiated the two successful applicants is their connections to junior sports. Membership of the Committee contains an option for a representative from the Junior Sports Council but this is currently not in operation. Both Sue Exell and Genevieve Smith demonstrate current connections to junior sport and are working with young people from a wide variety of backgrounds. Discussion The community representative vacancies on the Committee arose, in part, due to the retirement of John Sudholz. John had served the committee for many years. A letter has been sent on behalf of the Committee acknowledging his commitment to the Committee, and sport more broadly in the region. The other representatives on the Committee are:

Cr Mark Radford Councillor David Berry Wimmera Regional Sports Assembly Bruce Petering Community representative Neil King Community Representative Loxley Hoffman Community Representative Chris Walter Department of Education


Horsham Rural City Council Council Meeting Presentation of Reports Officers Reports Director of Technical Services Links to Council’s Plans Goal 4.1 Continuously improve communication and engagement with the

community through effective consultation. Provided for information of Council.

RECEIVED


Horsham Rural City Council Council Meeting Urgent Business

11. URGENT BUSINESS NIL



Moved Cr Sedgman Seconded Cr Radford that the Council Meeting close to consider item number 10.1.3 of the Chief Executive, item numbers 10.4.3 and 10.4.4 of the Director Community Services and item number 10.5.2 of the Director Technical Services Report deemed to be of a Confidential nature in accordance with Section 89(2) of the Local Government Act, 1989.

CARRIED

The time being 7.26pm the Council meeting closed.

Moved Cr Koenig, Seconded Grimble that the Council meeting open.

CARRIED

The Council Chamber doors were opened at 7.49pm

Moved Cr Sedgman, Seconded Radford that the recommendations “in Committee” be adopted.

CARRIED

The meeting closed at 7.50pm

____________________________ The Mayor, Cr P Clarke

Chairperson


Horsham Rural City Council Council Meeting EXTRACT

EXTRACT OF THE MINUTES OF THE ORDINARY MEETING OF THE HORSHAM RURAL CITY COUNCIL HELD IN THE MUNICIPAL CHAMBERS, CIVIC CENTRE, ROBERTS AVENUE, HORSHAM ON MONDAY 21 AUGUST, 2017 RELATING TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT.

Moved Cr Radford, Seconded Cr Koenig that Council consider item number 10.1.1 of the Chief Executive to be of a confidential nature in accordance with Section 89(2)(d) contractual matters, of the Local Government Act, 1989, item number 10.4.1 of the Director of Community Services to be of a confidential nature in accordance with Section 89(2)(d) contractual matters, item number 10.4.2 of the Director of Community Services to be of a confidential nature in accordance with Section 89(2)(h) any other matter which the Council or special committee considers would prejudice the Council or any person and item 10.5.1 of the Director of Technical Services to be of a confidential nature in accordance with Section 89(2)(h) any other matter which the Council or special committee considers would prejudice the Council or any person.

CARRIED

10.1 CHIEF EXECUTIVE 10.1.1 WIMMERA INTERMODAL FREIGHT TERMINAL (WIFT)

P F Brown File Ref: F15/A07/000001

Moved Cr Grimble, Seconded Cr Robinson that the report be received. CARRIED

Moved Cr Grimble, Seconded Cr Robinson that Council seek a further report in relation to ongoing lease and ownership arrangements.

CARRIED

10.4 DIRECTOR OF COMMUNITY SERVICES 10.4.1 MEALS CONTRACT

M Duke / M Stewart / K O’Brien File Ref: F13/A01/000003

RECEIVED


Horsham Rural City Council Council Meeting EXTRACT 10.4.2 HORSHAM REGIONAL ART GALLERY COMMITTEE OF MANAGEMENT

A Harding / M Bride File Ref: F06/A12/000001

Moved Cr Radford, Seconded Cr Koenig that Di Dale be appointed to the vacancy; and it be announced to the community who the successful candidate is.

CARRIED

10.5 DIRECTOR OF TECHNICAL SERVICES 10.5.1 SPORT AND RECREATION ADVISORY COMMITTEE MEMBERSHIP

M Kirsopp and R McNeil File Ref: F01/A07/000001

RECEIVED


Council Meeting Report – 21 August 2017

Response to Issues Raised by Cr Robinson and Cr Grimble at the Ordinary Meeting of the Horsham Rural City Council on 7 August 2017

1. Tuesday, 29 November 2016 – Council Briefing Meeting with the Victoria Farmers Federation (VFF)

The VFF came to the meeting to present the issues they believe are of interest to Council. These community briefing sessions run for 30 minutes. The issues raised by the VFF are their choice. The VFF informed us of the issues and then the bypass was raised. I cannot remember by whom. Cr Robinson and Cr Grimble took over the discussion for almost 10 minutes. Time was getting away and it was inappropriate for Councillors to be talking at a session put aside for another organisation. With four minutes remaining, I asked Cr Grimble to please stop talking as I would like to hear from the VFF. I then asked the VFF members if they had anything else to say on any of their issues, including the bypass. David Johinke said he thought they had a good hearing and thanked us for our time. I thanked them and some VFF members joined us for dinner. Over dinner, I apologised for the time taken up by Councillors and they said that were fine and understood that the bypass was a passionate issue for all. A couple of days later, I was told that some VFF members felt they did not get a good hearing about the bypass and that I had ‘shut them down’. At no stage did I shut them down. I did shut Cr Grimble down.

2. Directing Staff (breach of Section 76E of the Local Government Act 1989)

On 9 December 2016, I entered the Executive Assistant to the Mayor and Councillor’s Office as Cr Robinson was instructing Sue Frankham to organise a meeting of an aerodrome users group on 13 December 2016. Cr Robinson was instructing Sue to arrange a meeting and who to invite. Sue had called John Martin into the office to discuss the proposed meeting as she is aware that such arrangements should go through the Chief Executive or Director Technical Services.

I addressed this issue with Cr Robinson the following day, reminding him of the discussions we had during the Councillor Induction Program about Councillors not being permitted to direct staff. As he was a new Councillor, I was thoughtful in my approach, as it can be difficult to understand the boundaries, that these things can happen inadvertently and as Councillors we need to be careful.

Some time later, Cr Robinson claimed in an email that I had instructed him not to talk to staff. This was not the case and I expressed to him that he should understand the difference between talking to staff and directing staff.

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Cr Robinson also claimed that as the chairperson of the Aerodrome Advisory Committee that he had authority to arrange these meetings. The proposed meeting was not with the Aerodrome Advisory Committee members or the Aerodrome Master Plan group. It was a meeting with a group of aerodrome users. In my opinion, Cr Robinson did not want to invite anyone from Council or the Aerodrome Master Plan group or VicRoads.

Also on 9 December 2017, Richard May emailed Sue Frankham directing her to arrange a meeting to the same attendees on the same date as what Cr Robinson had suggested.

3. Municipal Association of Victoria (MAV) Emergency Management Meeting

Cr Robinson expressed a desire to attend a MAV Emergency Management Meeting in Ballarat. He was prepared to take the day off work to attend. I sent a message to Peter Brown asking if this was appropriate and Peter advised that it was fine in Cr Robinson wanted to attend. I forgot to get back to him the same day and the next day sent a text stating “OK for Ballarat meeting but remember it is only a 2-hour meeting”. I did not want him going to the trouble of taking the day off work if it was going to be an operational meeting for staff and not at his level of expertise.

Cr Robinson claimed I was remiss in not informing him he could attend. I had no reason to believe he did not get the message until he later claimed I did not respond and was upset. This message was at least two weeks prior to the meeting taking place. I had difficulty seeing the problem as a quick phone call clarifying the situation would have been sufficient.

4. Meeting re the Aerodrome Bypass Concerns

Cr Robinson made a request to chair the meeting. I informed him that, as it was a Council Briefing Meeting and not an Aerodrome Advisory Committee or an Aerodrome Master Plan meeting, I would be chairing the meeting as the Mayor.

Cr Robinson was adamant that no VicRoads or Aerodrome Master Plan representatives be invited to the Briefing Meeting. He also insisted that Richard May be invited to the meeting.

After discussions with Peter Brown and John Martin, it was decided that it was not appropriate for Richard May to attend the Council Briefing Meeting as he was not a member of the Aerodrome Master Plan or the Aerodrome Advisory Committee nor an aerodrome user.

Subsequently, John Martin spoke to Richard May and invited him to discuss matters directly with him, however, Richard stated that he did not have time.

Cr Robinson invited Richard May to the Council Briefing meeting and informed Peter Brown of his decision.

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Peter Brown contacted Richard May and advised that it was not appropriate for him to attend the meeting.

Cr Robinson informed Peter Brown that because it was a total fire ban day he would not be available for any meetings for that day or evening, however, he attended the meeting.

Richard May also attended the meeting.

5. Committee/Board Membership

In correspondence (email) from Cr Robinson, he informed me that he would not meet with me face-to-face to discuss the issues (in response to my request) and that he would not be available to attend/participate in any community committees/boards as Council representative.

Peter Brown has met with Cr Robinson twice to discuss the issue of withdrawing from committees/boards. I have also met with Cr Robinson to discuss this issue twice. Cr Robinson has not reversed his decision and is still unavailable to attend/participate in community committees/boards.

At the commencement of his Council term, Cr Robinson was assigned to eight committees as is normal practice with all Councillors. It has been necessary for the remaining six Councillors to pick up these committees and in some instances, it has been necessary to advise some committees that Council was unable to provide a Councillor representative. Since receiving this advice from Cr Robinson, he has not attended any committee/board meetings. He has, however, attended some community events. 6. Monday, 27 February 2017 – Council Briefing Meeting

Cr Robinson was absent in Canberra and not present at the Council Briefing Meeting.

At the meeting, I presented a report to Councillors and Peter Brown in relation to a signed letter that was presented by Cr Grimble to the Hon Luke Donellan, MP, Minister for Roads and Road Safety, during a Council deputation to the Minister on Thursday, 23 February 2017. The letter was signed by Cr Robinson, Jeff Moore, Selwyn Ellis and Tony Brand, aerodrome lobbyists and advocates against Option D. It did not represent the views of the Aerodrome Master Plan Committee. Cr Grimble presented the letter to the Minister without the knowledge of the delegation or Councillors. The letter had been given to Cr Grimble by Cr Robinson.

Councillors were disappointed that Cr Grimble had presented this letter to Minister Donnellan without their knowledge or agreement.

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A deputation was planned with the Hon Richard Wynne, MP, Minister for Planning on Tuesday, 28 February 2017. Cr Grimble advised that he would not be presenting a similar letter to Minister Wynne because he had not been given one.

The document I handed to Councillors on 27 February 2017 is provided below. I did not email this document, as I did not want it to be distributed, to protect the reputation of Cr Grimble. The delegation mentioned below consisted of myself, Cr Grimble, Mr Peter Brown and Mr John Martin.

Thursday, 23 February 2017 meeting with Minister Luke Donnellan. By-pass

1. Motion by this Council on Monday night clearly articulated the items and position of this Council. This motion was passed after a long protracted process of debate and discussion by this Council.

2. Documents and a letter to the Minister were developed over a long period of time with Cr Grimble, Peter Brown, John Martin and myself involved in the final draft being accepted by all. There were late changes at the last minute because of suggestions by David.

3. On the way to Melbourne John, David, Peter and I discussed the processes of the

delegation via phone.

4. On arrival at Parliament House we met to make sure we all knew the game plan and our role in the presentation.

5. The meeting: David at the commencement of the meeting placed on the table in

front of the Minister, a copy of the 2010 Aerodrome Business Plan, The Aerodrome Master Plan 2016 and on top of those a front page of the Herald Sun with a full page of flames and picture of the crashed aeroplane at Essendon DFO.

6. The discussion proceeded and looked like it was proceeding to plan when David then handed the Minister a letter. The delegation did not know who the letter was from or what the content was. The Council later learnt that the letter was from 4 men from the Aerodrome issues group. They are not members of the Aerodrome Master Plan committee and they do not represent their views.

7. The delegation had no warning that this was going to happen.

8. This was a breach of trust for the delegation who had discussed the plan of attack

over the phone the morning of the presentation and again went through on plan of attack while waiting to see the Minister.

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9. This was a breach of trust for the Council who agreed with the format of the presentation following many hours of deliberation and a motion passed in Council after great debate about the changes made by David and 4 to 3 vote.

10. It was a breach of trust for the community, as the representation was not balanced

or representative of the views of our community. It was the view of 4 men, some of which had a clear self interest and 2 of 7 Councillors.

11. We looked confused and unsure and unprepared. I told the Minister that this letter

was not the view of Council as the delegation had no idea what was in the letter. The delegation should never have been placed in a position of having to say that to a Minister.

12. As Councillors, it is our place to represent the views of this Council and the

community. It is not our place to be putting forward the views of one small sector of our community. This was extremely disappointing and your views and the views of the broader community were misrepresented.

13. This has been a very disappointing process and if we were to represent groups, as has

been done, then we need to represent the residents at Riverside, Haven, Industrial estate, the HITS group, the AMP group (all of them), and any other group that may have an interest.

Cr Grimble requested that this matter be discussed the following week when Cr Robinson would be present. Councillors agreed to this request.

7. Monday, 6 March 2017 – Meeting with Councillors Peter Brown and all Councillors met after the Council meeting.

Cr Grimble presented a report (approximately 15 pages) on his response to my report to Council on the 27 February 2017. He stated that I had defamed his family name and that he had no respect for me anymore. He also stated that he was prepared to resign as he believed that Councillors would not be able to work with him in the Council Chamber because he would no longer have their respect. He also talked about his father serving in World War 2 and being involved a plane crash in Canada and many other personal issues.

Following Cr Grimble’s presentation, Cr Robinson presented his views of the issues in relation to the report. He was aggressive. I did not react. He stated that I was a liar and a bully and that he did not respect me or the way I operated.

Another Councillor asked Cr Robinson if he had planned not to advise Councillors or Mr Brown of the letter. Cr Robinson replied that they gave the letter to Cr Grimble and it was up to him how it would be handled. During Cr Robinson’s presentation, he claimed I was liar and a bully, amongst other things.

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Towards the end of Cr Robinson’s address, he looked at me and stated that “at the end of this, there will be either you or me sitting at this table”. This was expressed in a very aggressive manner. I replied “OK”. I did not respond or make comment. I allowed both Councillors to have their say. Following these reports, I presented an amended report on the meeting with Minister Donnellan. I changed the words “breached the trust to …” to “was disappointing to …” I also removed point 14 asking if it was appropriate for Cr Grimble to attend the meeting with Minister Wynne. I left this discussion to the end of the meeting, as I wanted to determine what Cr Grimble’s main issues were. I apologised to Cr Grimble for upsetting him. It was never my intention to hurt Cr Grimble by my comments. The original report was my understanding of the meeting and my disappointment about the process of presenting a letter that was not a known element of the delegation and put my position as Mayor in a difficult position. Following some clear points put to Cr Grimble by other Councillors, he stated that if he had done the wrong thing he would wear it. 8. Monday, 20 March 2017 – Council Meeting In the Reports section of the meeting, Cr Robinson presented a 25 minute report on the bypass. When asked if it was appropriate to debate in the Reports section of the Council meeting, Cr Robinson stated that this is what he had been doing during the last fortnight and that he was just stating facts. I stated that I would allow him to finish. Cr Robinson stated that he was only stating facts. However, in my view, it was a debate and inappropriate during Councillor Reports. Cr Robinson presented his view of the debate on the bypass and criticised Council and Council Officers. He also publicly questioned the credibility and professionalism of a well-respected organisation (AECOM) without good cause. This was his opinion, not the opinion of this Council, and there was no opportunity to question or challenge the validity or truthfulness of these statements. The statement below was presented by me at the following Council meeting.

Councillor Reports

Councillors, before we start Councillor reports, I will make a statement.

The segment in the Agenda called 'Councillor Reports' has in the past, been used to report on

Council committees and community functions Councillors have attended on behalf of this

Council, since our last Council meeting.

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It has been a time to comment on issues or things a Councillor thinks Council may be

interested in, or need to know, that have come from these meetings.

This Council has always given leeway and allowed community issues to be commented on,

such as comments on a community member who has achieved something special, or pay our

respects to a well-respected community member who has passed away.

Councillor Reports section of the agenda is not a forum to debate or put forward your

personal views of an issue that is under consideration by this Council.

It is not a forum to criticise Council, Council officers, community members, or organisations.

If this is done the party mentioned does not have the opportunity to question the validity or

otherwise of the comments made in such a report.

Organisations, individuals, Councillors or officers cannot question, query or defend

themselves.

This could be seen as an inappropriate use of the power and position we hold as Councillors

and leaders in this community.

It is also not the forum to place documents on the minutes for perpetuity.

The people mentioned in these documents do not have the ability to comment or challenge

the statements made.

At this time, the Councillor Reports section does not have clear parameters around the

purpose of this part of the agenda.

I will be asking Mr Brown and Mr Harrison to consider this issue and bring to Council a way

forward with more defined parameters and review the Local Law.

Until this is done and accepted by this Council group, there will be tighter controls of this

part of the agenda to ensure it is not used in this manner.

There are other places in the agenda or at other meetings of Council where we can openly

discuss these issues as a group, ensuring all side of the debate can be addressed.

This is my call as the chair and Mayor of this Council Chamber.

9. Interview With 9 News On Tuesday, 21 March 2017, I overheard Amy Rhodes, Council’s Media and Communications Officer, on the phone to 9 News setting up an interview with myself as Mayor in relation to the Council meeting the previous night. There was also a request to interview Cr Robinson in relation to the bypass. Amy advised the reporter that the Mayor is Council’s

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spokesperson on Council issues including the bypass and that she was not in the position to set up an interview with Cr Robinson as it was inappropriate. On Wednesday, 22 March 2017, the 9 News team arrived at Council where they only wanted a grab about the bypass from me. I suspected that they were planning to interview Cr Robinson. I questioned the reporter and she advised that Cr Robinson had not called them back yet. I reinforced that, as the Mayor, I was the spokesperson for Council and that if they interviewed Cr Robinson it would be his personal opinion only and not that of this Council. We had a budget meeting at Council that evening so I recorded Channel 9 News. At the budget meeting, Cr Robinson did not advise me or his Council colleagues that he had been interviewed by Channel 9 News. When I played the Channel 9 News recording back, I discovered an interview with Cr Robinson, informing our community through the reporter that we, as a Council, had “not done anything about the bypass since October 2015” and that “he has had to take matters into his own hands” and present Council with three other options, one being close to the “infamous Option D”. During the interview, he also stated that he would discuss his options at the next Council meeting. This action breaches the protocols of the Horsham Rural City Council. Cr Robinson was aware of these protocols. Earlier in his Council term, Cr Robinson was asked by the media to comment on an issue. He phoned me to inform me that he had told them that the Mayor was the spokesperson for Council and that he would not comment. To this point, Cr Robinson has not informed Peter Brown or myself that he had been interviewed by Channel 9 News. 10. Mediation

Cr Grimble claimed to Mr Brown that I had breached the Code of Conduct by presenting the report on Minister Donnellan’s visit to the Councillors. Mr Brown engaged a mediator, Mr Stephen Hanman to conduct a mediation process which occurred on 27 March 2017. Following this process, Mr Hanman presented a report. He concluded that there was little he could do as Cr Grimble was not prepared to find middle ground. Cr Grimble was not prepared to take the next step of engaging an Arbiter to assist in finding a solution to the issue.

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The Mediation Report prepared by Stephan Hanman is provided below:

Final Mediation Report - Stephen Hanman. 11 April 2017

Executive Summary of Mediation

After face to face interviews on 27/3/17 with Cr Grimble and Mayor Pam Clarke, various conversations with Peter Brown about the administration of the mediation process and the reading of documents listed below I, Stephen Hanman, the mediator make the following statements;

• I find no breach of the Councillor code of conduct by Mayor Pam Clarke in this situation and do not see how Mayor Pam Clarke’s commentary equates to an attack on Cr Grimble’s character, his family name and is insulting, degrading and bullying.

• To me, her comments simply relate to a process issue. This process breach could relate to the delegation, other Councillors and the community.

Cr Grimble’s view that Mayor Pam Clarke’s Version 1 memo was venomous seems out of place and excessive.

The Mayor behaves as the Councillor Code of Conduct suggests in this situation; in Section 1.3 of this document it states; • Allow the Mayor to provide guidance to Councillors • Councillors accept guidance from the Mayor • Councillors accept the authority of the Mayor to discuss with, and provide advice about,

a Councillor’s conduct or behaviour. • There appears to be conflict between Cr Robinson and Cr Grimble with Mayor Pam Clarke

and may need further resolution.

The next steps are; • Further mediation based on this report • The issue could be dropped • Move to an arbiter for resolution

The Facts and Commentary around the Mediation

Stephen Hanman, the mediator, was commissioned by Mr Peter Brown, CEO of HRCC on 20/3/17 and came to Horsham on Thursday 27/3/17 and Friday 28/3/17 to work on the Allegation of Contravention of the Councillor Code of Conduct initiated by Cr Grimble against Cr Pam Clarke Mayor.

Prior to this visit, Stephen Hanman had conversations with Mr Peter Brown, via mobile on 27/3/17, via email on 17/3/17 and mobile on 16/3/17 about the administrative matters around the mediation.

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My understanding of the scope of the mediation was based on the following;

• On Thursday 23/2/17, the 4 person delegation of Mayor Pam Clarke, Cr. Cr Grimble, Peter

Brown and John Martin (Director Technical Services) travelled to Melbourne to meet Hon. Luke Donnellan, the Minister for Roads and Road Safety to discuss the Horsham Bypass.

Cr Grimble presented information to the Minister that the delegation had not seen, discussed or approved even though there had been formal planning time for the delegation.

• Mayor Pam Clarke, on 27/2/17 at a HRCC Councillor Briefing meeting delivered to the Councillors present Verson 1 of a Memo titled ‘Thursday 23/2/17 meeting with Minister Luke Donnellan. Bypass’ that detailed the events of that day.

o Points 8, 9, 10 and 12 have been what Cr Grimble has reacted to. o These comments include;

1. Breach of trust of the delegation [point 8] 2. Breach of trust of the full Council [point 9] 3. Breach of community trust [point 10] 4. Gross breach of trust and your views and those of the community were

misrepresented [point 12].

• On the HRCC Councillors meeting of 6/3/17 Cr Grimble spoke to these points above.

After Cr Grimble had spoken Mayor Pam Clarke issued version 2 of a Memo titled ‘Thursday 23/2/17 meeting with Minister Luke Donnellan. Bypass’. This memo removed the words ‘breach of trust’ and replaced them with

• disappointing situation for the delegation [point 8] • disappointing situation for the Council [point 9] • disappointing for the community [point 10] • extremely disappointing.....broader community [point 12] • Point 14 about the Mayor’s concern with Minister Wynn meeting was deleted in Version

• Following the 6/3/17 Councillors meeting, Cr Grimble asked Peter Brown to initiate a dispute resolution procedure. Given there is a three step process where Step one is direct negotiation between the parties in dispute with the mayor in attendance, Peter Brown determined that the next action was to move directly to Step 2, mediation. Step 3 is the appointment of an arbiter.

• As previously stated I came to Horsham on Thursday 27/3/17 and Friday 28/3/17 and met with the Peter Brown at 1pm, then Cr Grimble at 2pm and then Mayor Pam Clarke at 3.30pm on the 27/3/17.

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At the 1pm meeting Peter Brown provided the document ‘Councillors – CEO Statement regarding Bypass delegation and other matters 29-3-17’

In the 2pm meeting, Cr Grimble provided me a document titled ‘Allegation of Contravention of the Councillor Code of Conduct’ where Cr Grimble asserts a breach of the Councillor code of conduct by Mayor Pam Clarke.

1. From the conversation with Mayor Pam Clarke and the reading of the tabled documents within this report there had been planning sessions conducted to determine how and what the delegation would present to the Minister.

2. Cr Grimble questions the effectiveness of these planning sessions and that it was not finalised in a timely manner. He took it upon himself to create his own response but did not convey this to other members of the delegation. This included newspaper cuttings about the recent accident at Essendon Airport and letter dated 22/2/17 and signed by Cr Robinson BA OAM, Mr Tony Brand, Mr Selwyn Ellis and Mr Jeff Moore.

3. I sensed a stalemate in the mediation. A he said – she said scenario. Was there a breach needed to be investigated and resolved. I asked Cr Grimble about his current position re: Mayor Pam Clarke’s approach detailed in her Version 2 memo. I stated the position of, was it his or Mayor Pam Clarke’s resignation? He nodded. We then discussed next steps or alternative paths. At a minimum, he wanted the alleged breach detailed in Version 1 of the Mayor’s memo, of the Councillor Code of Conduct investigated. He would then consider his position.

At the 3.30pm meeting with Mayor Pam Clarke she provided a Memo titled ‘Cr Robinson’.

1. The relevance of this memo potentially broadens this mediation to another Councillor.

2. The Cr Robinson issue was deemed by Peter Brown, out of scope for this mediation. 3. It may provide indications about a more concerted attack on Mayor Pam Clarke. Cr

Robinson is alleged to have said, ‘at the end of this, there will be either you or me sitting at this table’.

4. This memo also states that Mayor Pam Clarke apologised to Cr Grimble for upsetting him after the delivery of Version 2 of her memo previously discussed. In this memo she states that ‘it was never my intention to hurt David like it obviously has’.

• I met with Peter Brown at 4.30pm on 27/3/17 and then again at 9.15am on 28/3/17 to discuss and identify a way forward.

This was no mediated outcome through the conduct of these interviews. I would consider the Breach of the Councillor Code of Conduct and make a statement as part of this mediator’s report.

Mediator Statement and Findings

After the face to face interviews and the reading of documents listed above I make the following statements;

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• It is difficult to find a breach of Councillor code of conduct by Mayor Pam Clarke. • I find her comments reasonable in Version 1 of her memo ‘Thursday 23/2/17 meeting

with Minister Luke Donnellan Bypass’. I question the need for Version 2.

o A face to face conversation between Mayor Pam Clarke and Cr Grimble could have been a better path for resolution. The process issues needed resolution to ensure the effectiveness of future Councillor activity.

• I do not experience the Mayor Pam Clarke’s Version 1 of her memo as an attack on Cr Grimble’s character, his family name and how it is insulting, degrading and bullying.

To me, they simply relate to a process issue. Cr Grimble’s view that Mayor Pam Clarke’s Version 1 memo was venomous seems out of place and excessive.

• The Mayor behaves as the Councillor Code of Conduct suggests; in section 1.3 of this document it states;

Allow the Mayor to provide guidance to Councillors Councillors accept guidance from the Mayor Councillors accept the authority of the Mayor to discuss with, and provide advice about, a Councillor’s conduct or behaviour.

• A process breach by Cr Grimble seems a more valid explanation and that breach could relate to the delegation, other Councillors and the community.

The delegation wanted to present a professional and well rounded response to the Bypass discussion with the Minister.

Cr Grimble provided information to the Minister that was not discussed by the delegation even though there seemed opportunity for him to do so.

If every person in the delegation took Cr Grimble’s approach the delegation’s professionalism may have been questioned as each of them could present a limited view of the issue that would not be consistent with the Councillor code of conduct [Section 1.2 – principles of good governance], and would not enable a common view to be delivered by the delegation. The minister could deem the delegation unprofessional and that would not present HRCC in the best possible light.

There appears to be conflict between Cr Robinson and Cr Grimble with Mayor Pam Clarke.

The original source of this conflict and animosity is beyond the scope of this current mediation.

It may need resolution as it could severely limit the effectiveness and efficiency of Councillor workings. Already Cr Robinson has withdrawn from committees and this gap needs to be met by other Councillors.

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This mediator’s report may move the current situation. The three options are;

1. A second and final mediation session. 2. The allegation could be withdrawn. 3. Allegation could be escalated to an arbiter.

11. Conflict of Interest

Two weeks after the mediation process, Mr Hanman contacted me to see how thing were going. I explained that Cr Grimble had now claimed I had a Conflict of Interest. He stated that I needed to release his report to protect myself. I did not release the report for many months as I was attempting to protect Cr Grimble’s reputation. Cr Grimble is a long serving Councillor and I respect the work he has done for the community over many years. With the accusations and attacks on my credibility, my integrity and my standing in this community, I have had no choice but to release this document. Following the outcome from the mediation session, Cr Grimble claimed that I have a conflict of interest with both the Stawell Road business and the Squash Courts in McPherson Street Horsham. Below is a copy of that request to Mr Brown.

Mr Brown prepared a report and forwarded it to Maddocks Lawyers (Local Government Experts) for an opinion in relation to the issue.

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12. Monday, 3 July 2017 – Maddocks Ruling Mr Brown advised me that the verbal advice from Maddocks Lawyers was that I have “an interest in common”, I do not have a conflict of interest. Mr Brown requested Maddocks do further work to ensure their opinion was strong. The Maddocks document is dated 14th July 2017. Mr Brown asked my permission to show Cr Grimble the document. I agreed to this request. Cr Grimble had an opportunity to read the document in Mr Brown’s office, so was fully aware of the ruling provided by Maddocks Lawyers. 13. Tuesday, 13 June 2017 – Council Briefing Meeting A letter from Dr Abernathy requesting a decision on the bypass by 30 June 2017 was discussed at the Council Briefing Meeting on 13 June 2017. Council decided that this timeframe would not be achievable. Peter Brown was requested by the Councillors to send a letter to the Minister asking for an extension of time. This letter was sent a few days later. 14. Monday, 19 June 2017 – Council Meeting Cr Radford, Cr Koenig, Mr Brown and I were absent from the Council meeting as we were attending the National General Assembly of Local Government in Canberra. In my absence, Cr Grimble was Acting Chair of the Council meeting. At the Council meeting, Cr Robinson put three motions to Council. There were four Councillors present at the meeting. Two Councillors voted in favour of these motions and two Councillors voted against these motions. As Acting Chair, Cr Grimble had the casting vote and mostly supported Cr Robinson. Cr Robinson’s argument was that there needed to be a decision on the bypass by 30 June 2017. He said that it was disappointing that all Councillors were not present for this important decision. We receive a phone call immediately following the meeting whilst in Canberra advising us of the outcome of the meeting. Councillors had previously discussed that, given three Councillors would be absent from the meeting, no important decisions would be made at this meeting. If it had been an imperative that a decision needed to me made by that date, Mr Brown would have been aware of this and we would not have gone to Canberra. The following day, I was talking to Dean Lawson, Editor of The Weekly Advertiser. Dean stated they did not attend the Council meeting as there was very little on the agenda.

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He also informed me that a piece of paper was placed on this desk the day of the meeting, stating that he should attend the meeting as there would be some big decisions made on the bypass tonight. 15. Monday, 3 July 2017 – Council Meeting Some Councillors informed me that they had made their decision as to how they thought they would vote earlier in the week. They appeared confident in their decision. Throughout the week leading up to the meeting they were inundated with phone calls and emails from Cr Robinson and Cr Grimble and their supporters. An hour before the meeting one Councillor received a demanding aggressive email about the bypass and how they should vote. By the time the meeting came around, I observed that some were Councillors were tense and unsure. At the meeting, there were claims that the cost of Option D would be in excess of $600 million to cross the flood plain, and more likely $1 billion to complete the project. Cr Grimble requested a Suspension of Standing Orders and I advised that this would not be appropriate as Council was in the middle of a debate. Cr Robinson mumbled that he needed to go to the toilet and left the Council Chamber just before the next motion was to be discussed. It was a difficult meeting to chair and this behaviour made Councillors unsure and confused resulting in a vote to support which was then then voted down with the next motion. I then called a Suspension of Standing Orders and we paused for dinner for 20 minutes. When the meeting resumed, we did not vote on the bypass and it was held over to the next meeting on the Monday, 17 July 2017. 16. Thursday, 6 July 2017 – Channel 9 News Interview On Thursday, 6 July 2017, Cr Robinson was interviewed on Channel 9 News without the knowledge of Council or myself. 17. Treatment of Council Officers In a Council Meeting, Council Officers, ie, the Chief Executive and Directors, are not permitted to speak unless requested. They cannot debate issues. Increasingly, obscure questions are being asked and whilst an officer is looking up the answer, statements such as ‘well if you don’t know what to do with it, I will tell you’ are being made. The Officer has no ability to defend themselves in a public forum. This kind of premeditated attack on the professionalism of Council Officers in a Council meeting is uncalled for and unprofessional in the extreme. 18. Conflict of Interest

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At the 17 August 2017 Council meeting, Cr Robinson accused me of having a Conflict of Interest. I will not go into great detail, but will express some facts in this matter. a. In 2012 when elected to Council for my 3rd term, I sought advice about the possible

conflict of interest with our then business in Stawell Road. I was advised that I had an “interest in common”. I acted in good faith from that point on.

b. Both Crs Robinson and Grimble were fully aware of the legal advice that stated I did not have a conflict of interest. Cr Grimble had sighted the document and read it.

c. I did not have a conflict when my husband owned the business and now our son owns the business, the potential conflict is even more removed.

d. My husband has not owned the business for quite some time. Cr Pam Clarke Mayor

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